GHANSHAMDAS BALKRISHNADAS Vs. MOTICHAND HARAKCHAND

JUDGEMENT

(1.) This appeal arises out of an application to execute the decree passed in Suit No. 402 of 1908 on October 26, 1909. It was passed on a promissory note executed by defendant No. 1 in respect of dealings between the plaintiff and the defendants shop for Rs. 970 and costs as claimed from the defendants, i.e., from defendants Nos. 1 and 2 and from the estate of all the defendants family and that of the shop At that time defendants Nos. 1 and 2 were the only adult members of the family and the other defendants Nos. 3 to 5 were minors.

(2.) Defendants Nos. 1 and 2 applied to the High Court to be adjudged insolvents. The adjudication order was made on September 6, 1910, and they got their discharge on March 20, 1912. The plaintiff had notice of these insolvency proceedings.

(3.) The plaintiff made his first application for execution against defendants Nos. 1 and 2 only in 1911. The second application (No. 674 of 1914) was made against them only in 1914. In 1917, the plaintiff applied to have the decree transferred for execution to another Court. The present application was made in 1920 for execution against the moveable property of defendants NOB. 3 to 5 It may be mentioned that the first two applications were not proceeded with at all.